Court No. - 33
Case :- CRIMINAL MISC. WRIT PETITION No. - 2269 of 2019 Petitioner :- Jyoti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioners; learned A.G.A. for the respondents 1, 2 and 3; and perused the record.
The instant petition seeks quashing of the first information report dated 29.09.2018 registered as Case Crime No.696 of 2018, under Sections 366, 504, 506 IPC, P.S. Firozabad South, District Firozabad.
The allegation in the first information report, which has been lodged by the brother of the victim, is that informant's sister Arti, aged about 18 years, has been enticed away by Jitendra, who is son of Asha Ram (petitioner no.2).
The contention of the learned counsel for the petitioners is that the petitioner no.1 is the sister of Jitendra and the petitioner no.2 is the father of Jitendra and earlier also the brother of the victim (Arti) had lodged a first information report, which was registered as Case Crime No.370 of 2018 in which the statement of the victim(Arti) was recorded under Section 164 Cr.P.C. In her statement, she had denied that she was taken away by Jitendra and stated that she had gone to Bareilly for earning her livelihood.
As the present first information report is in respect of subsequent incident, it cannot be said that no offence is disclosed by the first information report. Moreover, the victim has not been produced therefore the prayer to quash the FIR cannot be accepted. However, looking to the fact that the petitioner no.1 is the sister of main accused Jitendra and the petitioner no.2 is the father of main accused Jitendra, we deem it appropriate to dispose off this petition by providing that subject to petitioners' cooperation in the investigation, they shall not be arrested in Case Crime No.696 of 2018 unless there is credible information/evidence collected by the Investigating Officer as regards their involvement in the crime or till submission of police report under Section 173(2) Cr.P.C., whichever is earlier.
Order Date :- 29.1.2019/AKShukla/-